The Commerce Commission (“Commission”) gives notice that under the Legislation Act 2019 and Part 6 of the Telecommunications Act 2001 (“Act”), that the Commission has determined and published the Fibre Information Disclosure (Non-material) Amendment Determination – March 2024 [2024] NZCC 4 (“Non-material Amendment Determination”).

Summary of the Amendment Determination

Under section 173 of the Act, the Non-material Amendment Determination amends the Fibre Information Disclosure Determination 2021 [2021] NZCC 24 (principal determination).

In particular, the following amendments are made:

• replacement of certain schedules in the principal determination with new versions; and
• amended clause 2.3.2 and 2.4.3 of the principal determination.

Replacement of certain schedules

The Commission has replaced the following schedules in the principal determination with new versions.

In respect of Chorus Limited (Chorus):

(a) Schedules 1–13 (reports on finance and asset management)

(b) Schedule 19 (report on quality)

(c) Schedule 24 (report on pricing)

In respect of the other regulated fibre service providers:

(a) Schedules 1–13 (reports on finance and asset management)

(b) Schedule 20 (report on quality)

(c) Schedule 25 (report on pricing)

The Commission has changed the schedules to make them more data centric, to make them easier to complete, and to make it easier for it to process the data. The Commission has changed the layout of the schedules and has not changed the requirements for the substantive data that must be completed in the schedules.

Amendments to clause 2.3.2 and 2.4.3

The Commission has amended clause 2.3.2 and 2.4.3 of the principal determination to remove references to “column ‘r’” and instead just refer to the “forecast cost of assets to be replaced in the next 5 disclosure years”. These changes are a consequence of the changes made to Schedule 10a for Chorus and Schedule 10 for the other regulated fibre service providers.

Further Information

The Non-material Amendment Determination and an accompanying explanatory note is available on the Commission’s website: https://comcom.govt.nz/regulated-industries/fibre/information-disclosure-requirements-for-fibre/amendments-to-information-disclosure-requirements.

Dated this 3rd day of April 2024.

COMMERCE COMMISSION.